Bill Summary for S 607 (2023-2024)

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Summary date: 

Jun 26 2024

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View NCGA Bill Details2023-2024 Session
Senate Bill 607 (Public) Filed Wednesday, April 5, 2023
AN ACT TO PROVIDE ADDITIONAL REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Alexander, Jarvis, Ford.

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Bill summary

House committee substitute to the 3rd edition replaces the prior edition in its entirety with the following new content.

Makes conforming changes to act’s titles.

Section 1

Enacts new Article 44, Healing Arts, in GS Chapter 90, providing as follows.

Part 1 of the new Article establishes the North Carolina Healing Arts Act and sets out the act's purpose. Defines healing arts as the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the prevention, identification, and treatment of human physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defects, or injuries and the promotion and restoration of health and wellness. Creates the seven-member North Carolina Health Arts Commission (Commission), with initial members to be appointed by the specified entities, for three-year terms, by January 1, 2025. Subsequent members serve for terms of three years. Sets out provisions for the inclusion of additional members for any healing arts professions created after January 1, 2025. Provides for the filling of vacancies and sets out membership requirements including citizenship requirements, residency requirements, and the requirement to hold a North Carolina Healing Arts License in the individual's respective healing arts profession. Sets out additional restrictions on the public members of the Commission. Allows for the removal of commission members. Requires Commission officers to be elected annually; sets out requirements for the meeting timing, for serving as chair, for adopting rules governing meetings, and for establishing a quorum. 

Sets out the Commission's nine powers, including administering, coordinating, and enforcing the Article; issuing a North Carolina Healing Arts License to practice the healing art; taking specified disciplinary actions; and conducting administrative hearings necessary to administer the Article, including disciplinary hearings. Sets out provisions governing fees payable to the Commission. Requires the Commission to establish fees of up to $300 for the issuance of a North Carolina Healing Arts License, $200 for the license application and exam, $350 for the renewal of the license, and $200 for late renewal. Makes the first violation of the Article punishable by a written warning, a second violation punishable by a civil penalty of no more than $200, and third and subsequent violations subject to a civil penalty of no more than $200 per violation and a Class 1 misdemeanor. Directs that violations of the provisions governing naturopathic doctors are a Class 1 misdemeanor.  Allows the Commission to proceed in superior court to enjoin and restrain any person from violating the Article. Specifies that the healing arts professions subject to the Article are reflexologists, music therapists, and naturopathic doctors. 

Part 2 of the new Article makes it State policy to consider reflexology as a healing arts profession. Defines reflexology as a protocol of manual techniques, including specified practices, that are applied to specific reflex areas predominantly on the feet and hands and that stimulate the complex neural pathways linking body systems and support the body's efforts to function optimally; specifies that reflexology is not massage and bodywork therapy. Defines a North Carolina Licensed Reflexologist as an individual that (1) is certified by the certifying entity as a certified reflexologist and (2) and been issued a North Carolina Healing Arts License in reflexology by the Commission. 

Establishes the three-member North Carolina Reflexology Advisory Committee (Reflexology Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a reflexologist, and being eligible to obtain a healing arts license in reflexology (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

Sets out the Reflexology Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in reflexology; making recommendations to the Commission whether to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts License in reflexology; and making recommendations to the Commission on discipline of North Carolina Licensed Reflexologists. Sets out requirements for applying for a North Carolina Healing Arts License in reflexology, which must be renewed annually. Allows compensation for reflexology services to be received only when those services are performed by an individual holding a North Carolina Healing Arts License in reflexology. Subjects non-licensed individuals providing reflexology services or engaging in the practice of reflexology to penalties or an injunction, unless: (1) the individual is a reflexology student working to obtain a certification of completion from a nationally recognized reflexology education program or (2) the individual holds a certification of completion from a nationally recognized reflexology education program, and that program was completed no more than six months before receiving compensation for services. Provides that unless all reflexology services are performed by individuals holding a state license, a place of business where reflexology services are offered for compensation is subject to a civil penalty of no more than $500 per violation and a suspension of any license to operate the business for no more than 90 days. Requires businesses to display a valid and up-to-date certificate for all individuals offering compensated reflexology services.  Sets out information that must be included in advertisements. Provides for reciprocity for individuals licensed or certified to practice reflexology in another state or territory.  Provides that this Part does not apply to pressure to the reflex areas on the hands, feet, and outer ears in the regular course of the individual's work, so long as the specified requirements are met. 

Part 3 of the new Article makes it State policy to consider music therapy as a healing arts profession. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including the specified assessments, development and implementation of treatment plans that use specified music interventions, and evaluation and documentation of the client's response to treatment. Defines music therapy services as the provision of services to accomplish music therapy goals, including (1) conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action subsequent to the individualized treatment plan; (2) planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies; (3) implementing the individualized music therapy treatment plan consistent with the individual's overall treatment program; (4) systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications, as appropriate; (5) developing a discharge plan in collaboration with the individual, the individual's family, treatment team, and other identified support networks, when appropriate; (6) minimizing the impact of environmental constraints as a barrier to participation in least-restrictive environments for individuals engaging in music therapy; (7) collaborating with and educating the individual, family, caregiver, and others to foster an environment responsive to the developmental needs of the individual as addressed in music therapy; or (8) consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.

Establishes the three-member North Carolina Music Therapy Advisory Committee (Music Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a music therapist, and being eligible to obtain a healing arts certification in music therapy (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

Sets out the Music Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in music therapy; recommendations to the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in music therapy; and recommendations to the Commission to discipline North Carolina Licensed Music Therapists. Sets out requirements for applying for a North Carolina Healing Arts License in music therapy, which must be renewed after five years, including completing the specified academic requirements, completing the specified exam, and completing the specified number of clinical training hours. Allows compensation for music therapy services to be received only when those services are performed by an individual holding a North Carolina Healing Arts License in music therapy. Subjects non-licensed individuals providing music therapy services or engaging in the practice of music therapy to penalties or an injunction. Provides for reciprocity for individuals licensed or certified to practice music therapy in another state or territory. 

Part 4 of the new Article makes it State policy to consider naturopathic medicine as a healing arts profession. Defines naturopathic medicine as a system of natural health care that employs diagnosis and treatment using diagnostic techniques and natural therapies for the promotion, maintenance, and restoration of health and the prevention of disease, including all of the following: the administration or provision of any of the following for preventive and therapeutic purposes: natural medicines, natural therapies, natural topical medicines, hydrotherapy, dietary therapy, and naturopathic physical medicine; the use of diagnostic procedures, including physical and orificial examination, but excluding endoscopy, sigmoidoscopy, and colonoscopy; and the ordering, performing, and interpretation of laboratory tests and diagnostic imaging. Sets out the scope of practice of naturopathic medicine as well as prohibitions on practice. Sets out and defines other terms.

Establishes the three-member North Carolina Naturopathic Medicine Advisory Committee (Naturopathic Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, graduation from an approved program, and being eligible to obtain a healing arts license in naturopathic medicine (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum.

Sets out the Naturopathic Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in naturopathic medicine; recommendations the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in naturopathic medicine; and recommendations to the Commission to discipline North Carolina Licensed Naturopathic Doctors. Sets out requirements for applying for a North Carolina Healing Arts License in naturopathic medicine, which must be every year, including completing the specified academic requirements, and completing the specified exam.

Establishes the six-member Naturopathic Doctors Formulary Council to develop and recommend to the Naturopathic Therapy Committee a formulary for naturopathic doctors to use in practice. Sets out membership requirements, with members serving three year terms, and the Council's duties. Sets out requirements for the formulary.

Prohibits practicing, attempting to practice, or claiming to practice, naturopathic medicine without a license. Sets out six exemptions, including practice by a naturopathic doctor duly licensed or registered in another state, territory, or the District of Columbia when called into this State to consult with a licensed or registered health care provider for a period not to exceed six months, and practice by students completing a clinical requirement for graduation from an approved program of naturopathic medicine, so long as the practice is performed under the supervision of a physician licensed under Article 1 of GS Chapter 90 or a licensed naturopathic doctor and the clinical requirement does not exceed one year.

Provides for reciprocity. Requires reporting misconduct or incapacity of a licensed naturopathic doctor and sets out disciplinary actions that may be taken. Provides criminal and civil immunity for the Naturopathic Therapy Committee, its officers, employees, and staff for exercising, in good faith, the powers and duties given to the Committee.

Amends GS 90-18, requiring a license to practice medicine or surgery, by excluding the practice of naturopathic medicine by a licensed naturopathic doctor.

Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a licensed reflexologist engaged in the practice of reflexology as defined in GS 90-730.11.

Enacts new GS 143B-975 allowing the Department of Public Safety to provide the Commission a criminal history record for naturopathic doctor licensure applicants. Requires the Commission to provide fingerprints and a consent form along with the requests for criminal history records. Allows charging a fee to offset the Department of Public Safety's costs for conducting the record check.

Section 2

Provides for initial appointments to the Commission on or before December 1, 2024, by designated appointing entities for specified terms ranging from one year to three years. Requires that the professional healing arts appointees appointed to the Commission must have been State residents for at least two years prior to appointment, certified by a national entity that certifies each respective profession, and eligible for licensure under the act.  Requires those healing arts appointees apply for a healing arts license as soon as the first application period begins and that they remain in good standing with the Commission. Directs that the violations and injunctive provisions set forth in GS 90-750.6 and GS 90-750.7 become effective on the date that is the first day of a month that begins 180 days after the Chair of the Commission certifies to the Revisor of Statutes that the Commission has begun accepting applications for Healing Arts Licenses, and applies to acts committed on or after that date.

Section 3

Includes persons employed by a barbershop whose duties are confined to the shampooing or blow drying of hair, provided that the person complies with the GS 86B-31’s sanitary rules under the exemptions from the provisions governing barbers under GS 86B-32 . Exempts persons employed in cosmetic arts shop whose duties confined to the shampooing or blow drying of hair, provided that the person conforms to rules governing sanitary management of cosmetic arts shops from the provisions governing cosmetic artists under GS Chapter 88B under GS 88B-25.

Section 4

Extends the training requirements for licensure as a massage and bodywork therapist to 650 in-class hours (currently, 500 in-class hours) under GS 90-629 (requirements for licensure). Applies to applicants who apply for licensure on or after July 1, 2024.

Section 5

Removes the licensure requirement that an electrologist be a resident of the State under GS 86B-53.

Section 6

Specifies that a rule submitted to the Codifier of Rules (COR) under GS 150B-21.21 (publication of rules of the NC State Bar, the Building Code Council and exempt agencies) becomes effective on the first of the month following submission for inclusion in the NC Administrative Code (NCAC).

Section 7

Directs the Legislative Library (Library) to send a request for documentation (i.e., the current membership, last reported minutes, current bylaws, and a listing of the entities to which reports are to be submitted) and confirmation of activity to all boards, committees, and commissions that have not expired or been repealed.  Directs the Library to compile a list of any entity that fails to respond within 120 days or responds, but has not met within the past 12 months and to send that list to the Joint Legislative Administrative Procedure Oversight Committee (Committee). Directs the Committee to recommend legislation to the 2025 Regular Session of the 2025 General Assembly to repeal those entities on the list.

Section 8

Extends the effective date of the amendments made to GS 113-170.3 (concerning reporting requirements and mandatory reporting for certain fisheries) by SL 2023-134 (2023 regulatory reform act) by one year. 

Section 9

Amends GS 14-159.1 (now criminal offense of contaminating or injuring a public water system and injuring a public wastewater treatment facility) as follows. Changes the intent requirement for the offense of contaminating a public water system from willfully and wantonly to knowingly and willfully commit any of the listed acts. Sets forth the separate offense of injuring a public water system, which makes it a Class C felony to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a public water system, with the intent to impair the services of the public water system. (Currently, the only illegal acts pertaining to damaging a public water system are if the person willfully and wantonly damages or tampers with the property or equipment of a public water system with the intent to impair the system’s services.) Makes it a Class C felony to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a wastewater treatment system (defined) that is owned or operated by a (1) public utility or (2) local government unit. Makes organizational and technical changes. Imposes a mandatory $250,000 fine for persons who commit any of the offenses listed in GS 14-159.1. Prevents the offense from merging with other offenses.

Amends GS 62-323 (willful injury to public utility property) to increase the offense from a Class 1 misdemeanor to a Class C felony. Prevents merger of offenses. Specifies that the section only applies to conduct resulting in injury to a public utility or property thereof, that’s not otherwise covered by GS 14-159.1 (discussed above), GS 14-150.2 (injuring an energy facility), and GS 14-154 (injuring wires and other fixtures of telephone, broadband, broadcast, or cable telecommunications companies).

Adds new GS 14-150.3 (injuring a manufacturing facility) making it a Class C felony for a person to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a manufacturing facility (defined as a facility used for the lawful production or manufacture of goods).  Imposes a mandatory $250,000 fine for persons who commit the offense. Prevents the offense from merging with other offenses.

Creates a civil action for persons whose property or person is injured by reason of a violation of GS 14-159.1, GS 62-323, or GS 14-150.3 with treble actual and consequential damages. Provides for direct, accessory, solicitation, conspiracy and material support liability. Directs that establishment of the statutory violation constitutes willful and wanton conduct for purposes of punitive damages and that the cap on punitive damages does not apply.  Directs that the civil action is in addition to any other rights and remedies provided by law.

Directs that: (1) GS 14-159.1 (offenses for public water and wastewater facilities) does not apply to work or activity that is performed at or on a wastewater treatment facility by the owner or operator of the facility, or an agent of the owner or operator authorized to perform such work or activity by the owner or operator; (2) GS 62-323 (felony willful injury to public utility property) does not apply to work or activity performed at or on a public activity by the utility’s owner or operator or an agent thereof authorized to perform such work; and (3)  GS 14-150.3 (injury to a manufacturing facility) does not apply to work or activity performed at or on a wastewater treatment facility/public utility/manufacturing facility by the utility's/facility’s owner or operator or an agent thereof authorized to perform such work. Also specifies that GS 62-323 does not apply to lawful activity authorized or required under State or federal law.

Repeals GS 143-152 (making it a misdemeanor to cause injury to intentionally or maliciously damage or obstruct any waterline of any public institution, or in any way contaminate or render the water impure or injurious).

Amends GS 1D-27 by specifying that the cap on punitive damages in GS 1D-25(b) does not apply to violations of GS 14-150.2(b), GS 14-150.3(a), GS 14-159.1(a), (b), or (c), or GS 62-323(a).

Effective December 1, 2024, and applies to offenses committed on or after that date. Specifies that prosecutions for offenses committed before December 1, 2024, are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable.  

Section 10

Enacts new Article 3 to GS Chapter 64, which is known as The NC High Purity Quartz Protection Act.  Contains findings. Specifies that it is in the public interest for the State to guard its deposits of high purity quartz from the potential of adversarial foreign government control to protect its vital mineral and economic resources. Contains five definitions, including adversarial foreign government (a state-controlled enterprise or the  government of a foreign nation that has received a designation under 15 C.F.R. § 7.4 from a determination by the United States Secretary of Commerce that the entity has engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons). Prevents an adversarial foreign government from purchasing, acquiring, leasing or holding any interest in (1) a quartz mining operation or (2) land containing commercially valuable amounts of high purity quartz under new GS 64-53. Directs that any transfers of an interest in land or mining operation in violation of the above is void.  Designates the State and the US Secretary of Commerce as solely responsible for determining whether an individual or entity is subject to new Article 3. Directs that an individual or other entity that is not an adversarial foreign government does not bear any civil or criminal liability for failing to determine or make inquiry of whether an individual or other entity is an adversarial foreign government. Applies to interests in land acquired on or after the act becomes law.

Section 11

Expands the type of projects subject to the requirements for certification under Section 401 of the Clean Water Act included in GS 143-214.1A to include also electric generation projects located at an existing or former electric generation facility. Applies to applications for 401 Certification pending or submitted after the act becomes law. 

Section 12

Adds new GS 162A-900 (concerning limitations on allocating service for residential development), as follows. Prevents local government units from requiring applicants for water and sewer service for residential development to agree to conditions not otherwise authorized by law or offers to consent to any condition not otherwise authorized by law, including: (1) payment of taxes, impact fees or other fees, or contributions to any fund; (2) adherence to restrictions on land development or land use; and (3) adherence to any restrictions related to building design elements. Prevents local government units from implementing a scoring system or preference system to allocate water or sewer service among applicants for residential development that includes four listed matters, including considering building design elements, setting minimum square footage, or requiring additional fire apparatus roads that are not in compliance with the required number of such roads set forth in the NC Residential Code. Defines residential development as new development of single-family or multi-family housing.

Section 13

Amends GS 62-133.4 (concerning gas cost adjustments for natural gas local distribution companies), as follows. Prevents utilities from recovering from ratepayers, in any rate recovery proceeding or rider, the incremental cost of natural gas attributable to renewable energy biomass resources that exceeds the average system cost of gas unattributable to renewable energy biomass resources calculated and filed with the Utilities Commission (UC). Directs each natural gas local distribution company that incurs costs attributable to renewable energy biomass resources to submit the utility's actual cost thereof to the UC monthly for purposes of determining the total amount of natural gas costs recoverable under GS 62-133.4. Defines domestic wastewater, natural gas or gas, and renewable energy biomass resources. Amends the definition of cost to also include those related to the production of natural gas.

Expands the things that are recoverable under GS 62-133.7A (concerning rate adjustment mechanisms for natural gas local distribution company rates) to allow the UC to enable a natural gas local distribution company to recover the prudently incurred capital investment and associated costs for producing and transporting natural gas as defined in GS 62-133.4 or consistent with the intent and purpose of GS 62-133.4. Makes organizational changes. Makes conforming changes, including to the statute's title.

Applies to rate case proceedings filed on or after the date the act becomes law.

Section 14

Amends GS 159G-36 by no longer prohibiting grants under the Viable Utility Reserve to a single local government for emergency grants for operating deficits from being awarded for more than three consecutive fiscal years.

Section 15

Exempts an Eligible Disabled Veteran (a disabled military veteran who was honorable or separated under honorable conditions, who (i) has submitted an application for a pass included within the Annual Pass Program, and (ii) has provided the NC Division of Parks and Recreation [Division] a copy of the veteran's disability certification or evidence of benefits received under 38 U.S.C. § 2101) whose application under has been approved by the Division from being required to pay a fee for any pass included within the NC State Parks Annual Pass Program. Requires the Department of Natural and Cultural Resources (DNCR) to adopt rules, or amend any current rules, necessary to implement this section.

Section 16

Requires that the CAMA Rules (15A NCAC Subchapter 07H-State Guidelines for Areas of Environmental Concern) be implemented as follows.  The Coastal Resources Commission (CRC) will, for the purpose of a dune building and beach planting project, authorize local governments that have received a permit to construct a terminal groin pursuant to GS 113A-115.1 to establish a measurement line, as that term is defined under 15A NCAC 07H .0305(9), that represents the location of the first line of stable and natural vegetation that is covered by the dune building and beach planting project. The measurement line shall be: (1) established in coordination with the Division of Coastal Management using on-ground observation and survey or aerial imagery for  all areas of oceanfront that undergo dune building and beach planting project; and (2) applicable for a period of no less than two years from the completion of the dune building and beach planting project. Requires the Environmental Management Commission (EMC) to adopt rules consistent with the above. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  Makes the above provisions effective on the later of the following dates and applicable to applications for permits pending on or filed on or after that date: (1) September 1, 2024, or (2) the first day of the month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration (NOAA) has approved the changes made to the CAMA rules.

Requires DEQ, by August 1, 2024, to prepare and submit to NOAA for approval, the above proposed changes to the CAMA rules. Requires DEQ to report to the specified NCGA committee on the status of their activities under this section quarterly, beginning September 1, 2024, until the NCGA repeals this reporting requirement. 

Section 17

Amends GS 130A-291.1 (concerning septage management programs and permitting) to exempt food service establishments not involved in pumping or vacuuming a grease appurtenance from needing a permit under the statute.  

Section 18

Amends the outdoor grill requirements under GS 130A-248 (regulation of food and lodging establishments) to expand the acceptable surfaces of the grill to include stone or similar surfaces that comply with the relevant sections of the food code and no longer requires the outdoor grill to be in an enclosed area when not in operation.  

Section 19

Amends GS 20-119(f) as follows. Lists five requirements that a motor vehicle must meet in order to be used as an escort vehicle, including meeting a legal requirements for travel on a State roadway. Provides that the minimum age for an escort vehicle driver cannot be greater than 18. Directs that the Department of Transportation (DOT) cannot require escort vehicle drivers to possess a commercial drivers license. Allows persons holding a valid Class A commercial drivers license to sit for an escort vehicle certification exam without meeting any additional requirements. Requires DOT to allow third parties, including employers of escort drivers, to train and certify escort drivers pursuant to the rules issued by DOT to implement the changes to GS 20-119(f). 

Section 20

Amends GS 87-128 (absence of a facility location under the Underground Utility Safety and Damage Prevention Act) so that if an operator has visited the proposed excavation or demolition area and failed to properly locate a facility, there is a presumption, rebuttable by clear and convincing evidence, that the excavator has exercised due care, regardless of the presence of visible indications of a facility at the proposed excavation or demolition area, such as a pole, marker, pedestal, meter, or valve. Specifies that a facility is not  properly located if the marks are placed outside of the tolerance zone of the existing facility's actual location.

Section 21

Extends the expiration date of Section 5.17 of SL 2021-180’s specifications on design-building contracts using certain federal funds by two years, from December 31, 2025, to December 31, 2027. Makes conforming changes.

Section 22

Effective for taxable years beginning on or after January 1, 2025, amends GS 105-369(c) to require a tax collector, in addition to other advertisements required by the statute, to also advertise a tax lien by posting notice of the lien a conspicuous manner at the parcel to be advertised. Makes conforming changes.

Section 23

Adds new Part 6 to Article 9 of GS Chapter 160D, pertaining to unmanned aircraft traffic control devices, as follows.

Allows a local government to plan for and regulate the siting, installation, modification, maintenance, and removal of advanced air mobility radar for traffic control of unmanned aircraft systems flown in accordance with Article 10 of GS Chapter 63.  Specifies that new Part 6 does not amend, modify, or otherwise affect any easement between private parties. Directs that any and all rights for the use of a right-of-way are subject to the rights granted pursuant to an easement between private parties.  Allows a local government to require a permit applicant to remove abandoned advanced air mobility radar within 180 days of abandonment. If not timely removed, allows the local government to remove the abandoned advanced air mobility radar and may recover the actual cost of such  removal, including legal fees, if any, from the permit applicant. Clarifies that nothing in Part 6 should be construed to limit the provisions or requirements of any historic district or landmark regulation adopted under GS Chapter 160D. Defines terms. Sets forth three requirements for a permit applicant proposing to construct advanced air mobility radar within the  planning and development regulation jurisdiction of a local government, including complying with all development regulations. Prevents local governments from assessing a fee for the application for, or the installation and use of, advanced air mobility radar provided the advanced air mobility radar is installed and operated in compliance with the standards and requirements set forth in new Part 6. Sets forth three things that the local government may review in considering an application, including information or materials directly related to an identified public safety or development regulation. Requires the local government to make a determination on the application within thirty days after the completed application is received. Allows the local government to condition approval for a new enhanced air mobility radar on any of five listed things including, the provision of a collocation agreement if collocation is deemed feasible (if not included in the application) and the applicant obtaining an FCC operator license for any spectrum band required for the installation.

Allows a local government to agree to collocation on property owned by the local government, subject to any existing easements or lease agreements. Directs that GS 160A-321 (governing sales or leases of city owned enterprises) does not apply to the lease of any city-owned water tower for collocation of advanced air mobility radar. Directs that within 30 days of receipt of a request for collocation, a local government must either  initiate lease or disposal of the collocation property or deny the request. A request for collocation may be denied only for the following reasons: (1) there is insufficient capacity; (2) reasons of safety, reliability, and generally applicable engineering principles, and those limitations cannot be remedied by rearranging, expanding, or otherwise reengineering the eligible facilities at the reasonable and actual cost of the local government to be reimbursed by the permit applicant; and (3) the terms of property ownership prohibit collocation.

Effective October 1, 2024.

Section 24

Adds new GS 75-44 (governing ticket price transparency), requiring a secondary ticket exchange, ticket issuer, or reseller to meet four listed  requirements when listing a ticket for sale or resale, including that the listing clearly and conspicuously disclose the total price of the ticket, including all mandatory fees and the maximum order processing fee, that the total price of the ticket initially displayed at the beginning of a ticketing session not be increased during that ticketing session, except by the addition of the charges permitted under GS 75-44 (i.e., actual delivery charges of a non-electronic ticket, government taxes or fees, and a reasonable processing fee). Specifies that a violation of GS 75-44 is an unfair trade practice and is subject to all of the investigative, enforcement, and penalty provisions of an unfair trade practice. Defines seven terms.  Effective January 1, 2025, and applies to tickets listed for sale or resale on or after that date.

Section 25

Amends Section 111.1(l) of the Charter of Winston-Salem (SL 2023-112) to change the filing deadline for a member of the classified service who wants a hearing from 1,030 days to ten days after learning of the action or omission of  which the member complains, but not before the member has exhausted all remedies provided by the grievance procedures established by ordinance or policy of the city. Requires the grievance procedure to be concluded within 30 days.

Section 26

Amends GS 153A-284 (a county’s power to require water or sewer line connections) so that a county may only require connection of an owner’s premises to a sewer line if the county has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection.

Section 27

Amends GS 130A-309.204 (reports on coal ash management) to change DEQ’s reporting requirements to the Environmental Review Commission from quarterly to annually, by no later than October 1. Allows DEQ to combine this report with its report to the NCGA.

Section 28

Adds new GS 143B-279.20, requiring DEQ to report on any applications received for permits required for siting or operation of natural gas pipelines and gas-fired electric generation facilities within the State, and activities of the DEQ to process such applications, including  tracking of processing times (including total processing from when the initial/complete application is received to issuance or denial of the permit). Effective when this section becomes law and applies to applications for permits for natural gas pipelines and gas-fired electric generation facilities pending on or received on or after that date. Requires first initial report by no later than October 1, 2024.

Section 29

Amends the reporting provisions of the Stormwater Infrastructure Funds under Section 12.14 of SL 2021-180 so that DEQ’s annual reports are due by November 1 each year. Adds the Environmental Review Commission as a report recipient. Directs that the required reports should be submitted with reports required under GS 159G-26 and GS 159G-72 as a single report.

Section 30

Amends GS 77-98 (reporting requirements for the Roanoke River Basin BI-State Commission) and GS 77-117 (reporting requirements for the River Basin Advisory Commission) so that the report is only submitted on years when the commission(s) meets. 

Section 31

Repeals GS 108A-27.10(b), requiring the Director of the Budget report to the NCGA the number of permanent State employees who have been Work First Program Recipients during the previous calendar year.

Section 32

Repeals Section 2 of SL 2015-280, requiring entities, other than community colleges, receiving proceeds of public improvement bonds and notes, to make quarterly reports to the specified NCGA committees.

Section 33

Contains a severability clause.